HomeMy WebLinkAboutO-08161ORDINANCE NO. 8161
AN ORDINANCE ADDING A SECTION 6 TO ORDINANCE
NO. 8133 (JANUARY 25, 1973) FOR THE PURPOSE OF
PROVIDING THAT THE METHOD PROVIDED IN ORDINANCE
NO. 8133 FOR (1) THE REMOVAL, POSSESSION, STOR-
AGE OF, (2) SALE BY, AND A LIEN IN FAVOR OF THE
CITY OF MIAMI AGAINST; VESSELS UNLAWFULLY
LOCATED WITHIN DINNER KEY MARINA YACHT BASIN
AND THE BAYFRONT PROHIBITIVE ANCHORAGE AREAS IS
NOT THE EXCLUSIVE REMEDY OR METHOD OF OBTAINING
THE REMOVAL OF SAID VESSELS AND ANY OTHER METHOD
AVAILABLE TO THE CITY TO ACCOMPLISH THE REMOVAL
OF SAID VESSELS IS AUTHORIZED, INCLUDING, BUT
NOT LIMITED TO, INJUNCTIVE OR OTHER FORMS OF
LEGAL ACTION DEEMED APPROPRIATE BY THE LAW
DEPARTMENT; REPEALING ALL ORDINANCES, CODE SEC-
TIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS
THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY
PROVISION; DECLARING THIS ORDINANCE TO BE AN
EMERGENCY MEASURE; DISPENSING WITH THE REQUIRE-
MENT OF READING THE SANE ON TWO SEPARATE DAYS
BY A VOTE OF NOT LESS THAN FOUR --FIFTHS OF THE
MEMBERS OF THE COMMISSION.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. A new section 6 is hereby added to Ordinance
No. 8133 (January 25, 1973) for the purpose of providing
that the method provided in Ordinance No. 8133 for (1) the
removal, possession, storage of, (2) sale by, and a lien in
favor of the City of Miami against; vessels unlawfully locat-
ed within Dinner Key Marina Yacht Basin and the Bayfront
Prohibitive Anchorage Areas is not the exclusive remedy or
method of obtaining the removal of said vessels and any
other method available to the City to accomplish the removal
of said vessels is authorized, including, but not limited to,
injunctive or other forms of legal action deemed appropriate
by the Law Department, as follows:
Sec. 6. The method of obtaining the removal of vessels
unlawfully located within the Dinner Key Marina Yacht
Basin and the Bayfront Prohibitive Anchorage Areas
provided in this ordinance is not the exclusive remedy
or method of obtaining the removal of said vessels and
any other method available to the City to accomplish
the removal of said vessels is authorized, including,
but not limited to, injunctive or other forms of legal
action deemed appropriate by the Law Department.
Section 2. All ordinances, code sections or parts
thereof in conflict herewith, insofar• as they are in conflict,
are hereby repealed.
Section 3. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance; and it shall be construed to have been the intent
of the Commission of the City of Miami to pass this ordinance
without such unconstitutional, invalid, or inoperative part
therein; and the remainder of this ordinance, after the ex-
clusion of such part or parts shall be deemed and held to
be valid as if such parts had not been included therein.
Section 4. This ordinance is hereby declared to be an
emergency measure on the ground of urgent public need for
the preservation of peace, health, safety and property in
the City of Miami.
Section 5. The requirement of reading this ordinance
on two separate days is hereby dispensed with by a vote of
hot less than four -fifths of the Members of the Commission.
PASSED AND ADOPTED BY TITLE ONLY this loth day of
May, 1973.
MAURICE FERRE
MAYOR
H.D. SOUTHERN
CITY CLERK
Ilorob:r c:rti'',., .L1-,,7,t on the./
H. D. SOUTHERN, Clerk of the, of MiatpA,7r.10,
A. D. 11./_:1- a full, true and co-fv:et er,--, the
4Rbove, tird f.:.:i.r7, -7.'"-7-r,r Tl'I r-
Door of the T.1'r! ro...:!Itv f,,I.'t i.C..: r.7.'. l''; . 'ace
provided f(,)r notice; LI:id 7:. 1::.c:::tcns Ly L,:,Ling
.said con7 't, til!.; r? :...rovic:Iccl tror.
-3. ist-ti..c
,
t'.0 e2:.1
Pity thisX__a_day o2„...._> _ _ ij
_
MIAMI RRviv
AND DAILY RECORTIFF
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADS
Before the undersigned authority personally ap•
peered Ruth Clatter, who on oath says that she Is
Assistant to the Publisher of the Mlaml Review and
Deily Record, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published et Miami In
Dade County, Florida; that the attached copy of adver-
tisement, being a Legal Advertisement or Notice In
the matter of Adoption of Ordinance Noe 8161
Re: Removal Of Vessels Unlawfully
kocat ed„ iitha n..,D.iiu er... .Kay....:(aarina. Yacht
Basin and The I3ayfront Prohibitive
Anchorage Areas,
etc.
In the ;CO; Court
was published in said newspaper In the Issues of
Affiant further says that the said Miami Review
and Daily Record Is a newspaper published at Miami,
In said Dade County, Florida, and that the said news-
paper has heretofore been continuously published In
said Dade County Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
second class mail matter of the post office In Mlaml,
In said Dade County. Florida. for a period of one year
next preceding the first publication of the attached
copy of advertisement; and affiant further s,ys that
she has neither paid nor promised any person. firm
or corporation any discount. rebate, commission or
refund for the purpose of securing this advertisement
for publication In the said newspaper.
Sworn to and subscribed before me this
't11 day of )'.� , A.D. 19 73
JJ
" Marjorie T. Smith
Notary Public, State of Florida at Large.
(SEAL)
My Commission expires September 1, 1973.
t•t t 1' OF 3114311,
D.; DI-. tilt" N'I'V, FLORIDA
J,ECAL NOTICL.
Alt interested will take notice
that ,•u 1 '. I!%tit (lay ut \lap,
19.3 tnr commission of the City
of Ali:Ulll, Florida adopted an
ordinance entitled
.\N O1tDLNANCE ADDING
A SECTION G TO ORDI-
NANLL No. s133 (JANU-
ARY 25, 1 )7:3) FOR THE
I'L'Itl't.SE OF PROVIDING
THAT THE SIETIlOD PRO-
VIDED IN ORDINANCE
NO. S133 1"OR (1) THE RE-
M 0 V A L. POSSESSIO)N.
STORAGE OF, 12) SALE
11Y. AND A LIE\ IN
FAVOR OF TI1E CITY OF
11I.\\II AGAINST: VES-
SELS UNL.\\VFULLY LO-
CATED WITIHIN DINNER
KEY MARINA YACHT
BASIN AND THE BAY-
F RUNT PROHIBITIVE
ANCHORAGE AREAS IS
NOT THE EXCLUSIVE
REMEDY OR METHOD OF
OBTAINING THE RESIOV-
AL OF SAID VESSEL S AND
ANY OTHER METHOD
AVAILABLE TO THE CITY
TO ACCOMPLISH THE
REMOVAL OF SAID VES-
SELS IS AUTHORIZED.
INCLUDING. BUT NOT
LIMITED TO, INJUNCTIVE
OR OTIIER FORMS OF LE-
GAL A('TION DEEMED AP-
PROPIUATI: BY TIIE LAW
DEPARTAIENT: REPEAL-
ING ALL ORDINANCES.
CODE SECTIONS OR
PARTS THFREOF IN CON-
FLICT. INSOFAR AS
THEY ARE IN CONFLICT:
CONTAINING A SEVER -
ABILITY PROVISION: DE-
CLAIIING THIS ORDI-
NANCE TO BE AN
EMERGENCY MEASURE:
DISPENSING WITIH THE
REQUIREMENT OF READ-
ING THE SAME ON TWO
SEPARATE DAYS BY A
VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE
1TEMDERS OF THE COM-
MISSION
which Is designated Ordinance
No. SIG1.
II. D. SOUTHERN
CITY CLERK
CITY nF MIAMh
FLORIDA
Publication of this notice en
the lbth day of May, 1973,
Ad No, 59704
CITY of MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
I u 1 t ij
.411
TO
FROM:
M. L. Reese
City Manager
Alan H. Ro`thstei l -,.
7
City /Attorney, �.-
DATE. April 18, 1973
FILE:
SU•lJECT: Removal of vessels in pro-
hibited areas adjoining City
marinas; proposed ord. amending
REFERENCES: ordinance No. 8133 (1/25/73)
ENCLOSURES;
The purpose of this proposed ordinance is to authorize
legal action such as an injunctive action) against individuals
whose vessels are unlawfully located in prohibited areas
adjoining City marinas in addition to the method already con-
tained in Ordinance No. 8133.
In addition to providing the Law Department the authority
it needs to file injunctive or other types of legal action
to accomplish the removal of vessels which are in violation
of the provisions of Ordinance No. 8133, this proposed ordi-
nance serves the added purpose of clearly providing that
the removal, possession, storage, lien and sale method of
accomplishing the removal of such vessels (now available to
the Department of Yacht Docks by virtue of Ordinance No. 8133),
is not the exclusive method of accomplishing such removal -
a legal argument that might be raised against the City if
the provisions of this proposed ordinance were not available
to the Law Department.
2\HR/SRS/ts
cc: Robert L. Jennings, Dir.
Dept. of Yacht Docks
/�
SRS/ts
4/17/73
ORDINANCE NO.
'73 `AI 2 fief 0:06
AN ORDINANCE ADDING A SECTION 6 TO ORDINANCE
NO. 8133 (JANUARY 25, 1973) FOR THE PURPOSE OF
PROVIDING THAT THE METHOD PROVIDED IN ORDINANCE
NO. 8133 FOR (1) THE REMOVAL, POSSESSION, STOR-
AGE OF, (2) SALE BY, AND A LIEN IN FAVOR OF THE
CITY OF MIAMI AGAINST; VESSELS UNLAWFULLY
LOCATED WITHIN DINNER KEY MARINA YACHT BASIN
AND THE BAYFRONT PROHIBITIVE ANCHORAGE AREAS IS
NOT THE EXCLUSIVE REMEDY OR METHOD OF OBTAINING
THE REMOVAL OF SAID VESSELS AND ANY OTHER METHOD
AVAILABLE TO THE CITY TO ACCOMPLISH THE REMOVAL
OF SAID VESSELS IS AUTHORIZED, INCLUDING, BUT
NOT LIMITED TO, INJUNCTIVE OR OTHER FORMS OF
LEGAL ACTION DEEMED APPROPRIATE BY THE LAW
DEPARTMENT; REPEALING ALL ORDINANCES, CODE SEC-
TIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS
THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY
PROVISION; DECLARING THIS ORDINANCE TO BE AN
EMERGENCY MEASURE; DISPENSING WITH THE REQUIRE-
MENT OF READING THE SAME ON TWO SEPARATE DAYS
BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. A new section 6 is hereby added to Ordinance
No. 8133 (January 25, 1973) for the purpose of providing
that the method provided in Ordinance No. 8133 for (1) the
removal, possession, storage of, (2) sale by, and a lien in
favor of the City of Miami against; vessels unlawfully locat-
ed within Dinner Key Marina Yacht Basin and the Bayfront
Prohibitive Anchorage Areas is not the exclusive remedy or
method of obtaining the removal of said vessels and any
other method available to the City to accomplish the removal
of said vessels is authorized, including, but not limited to,
injunctive or other forms of legal action deemed appropriate
by the Law Department, as follows:
Sec. 6. The method of obtaining the removal of vessels
unlawfully located within the Dinner Key Marina Yacht
Basin and the Bayfront Prohibitive Anchorage Areas
provided in this ordinance is not the exclusive remedy
or method of obtaining the removal of said vessels and
any other method available to the City to accomplish
the removal of said vessels is authorized, including,
but not limited to, injunctive or other forms of legal
action deemed appropriate by the Law Department.
Section 2. All ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 3. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance; and it shall be construed to have been the intent
of the Commission of the City of Miami to pass this ordinance
without such unconstitutional, invalid, or inoperative part
therein; and the remainder of this ordinance, after the ex-
clusion of such part or parts shall be deemed and held to
be valid as if such parts had not been included therein.
Section 4. This ordinance is hereby declared to be an
emergency measure on the ground of urgent public need for
the preservation of peace, health, safety and property in
the City of Miami.
Section 5. The requirement of reading this ordinance
on two separate days is hereby dispensed with by a vote of
a
•
not less than four -fifths of the Members of the Commission.
PASSED AND ADOPTED BY TITLE ONLY this day of
, 1973.
Attest:
PREP7D AND APPROVVED BY.
S ! R. Sterbenz
Assistant City Attorney
REVIEWED BY:
i7ohn S. Lloyd
(;'Assistant to Director
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
City Clerk